In Nigeria, the familiar courtroom scene is increasingly being replaced by the glow of computer screens and the hum of virtual court proceedings.
The COVID-19 pandemic acted as the unexpected catalyst for this transformation. With physical gatherings deemed unsafe, the Nigerian judiciary, under the leadership of the then Chief Justice of Nigeria, explored remote proceedings as a necessary stopgap measure. In 2020, guidelines and practice directions were issued, cautiously allowing courts to experiment with video conferencing and other tools for hearings and arguments.
This innovation offered a ray of hope amidst a backlog crisis that threatened to engulf the system. Decades of accumulated cases stretched resources thin, and virtual courts emerged as a potential path to quicker resolutions.
Proponents saw a multitude of benefits: increased access to justice, especially for those in remote areas; reduced costs for litigants; and improved efficiency for the court system itself. Judges could be present for multiple hearings simultaneously, saving valuable time and streamlining processes.
However, the transition from physical to virtual hasn’t been without its bumps. A 2022 study published in the PADJADJARAN Journal of Law, titled “Covid-19 Induces Virtual Courts Sessions in Nigeria: Practicalities and Impracticalities,” aptly captures the nuances of this journey. The most glaring challenge lies in the digital divide. Unequal access to reliable internet and technology creates an uneven playing field, potentially excluding marginalized communities from justice
Understanding Virtual Courts:
Virtual courts, also known as online courts or remote courts, leverage technology to conduct legal proceedings remotely. Parties, witnesses, and judges participate electronically, using video conferencing platforms like Zoom or dedicated court-sanctioned software. This allows for hearings to take place without physical presence in courtrooms, offering potential benefits in terms of efficiency, accessibility, and cost reduction.
Benefits:Virtual courts highlight several advantages.
Increased accessibility is a major draw, particularly for geographically dispersed individuals, those facing mobility challenges, or residing abroad. Remote proceedings eliminate the need for costly travel and lengthy adjournments, streamlining the justice process. Moreover,
increased efficiency is touted, with faster caseloads and quicker resolutions due to reduced administrative burden. Virtual courts also hold the promise of cost savings for both parties and the government, as physical courtroom expenses are minimized.
Challenges Beneath the Surface:
However, the virtual realm is not without its hurdles. Accessibility concerns linger, as reliable internet access and suitable technology remain unevenly distributed across Nigeria. This digital divide can exacerbate existing inequalities and leave certain individuals or communities disadvantaged. Security threats also loom, with concerns about data breaches, cyberattacks, and ensuring the authenticity of participants. Furthermore, the impact on legal representation raises questions. Virtual settings may hinder effective communication between lawyers and their clients, and limit the nuances of courtroom presence crucial for some legal strategies.
Navigating the Gray Areas:
The National Industrial Court (NIC) of Nigeria stands as a pioneer in embracing virtual court technology. Since its inception in 2006, the NIC has been at the forefront of utilizing video conferencing for hearings, initially for efficiency purposes and later due to the pandemic. The court’s experience offers valuable insights into the practicalities and challenges of virtual justice.
A 2021 report by the NIC, titled “Practice Directions on the Conduct of Virtual Proceedings,” highlights both the benefits and challenges encountered. While acknowledging the increased efficiency and accessibility achieved, the report also identifies concerns about internet connectivity, cybersecurity, and the potential for technical glitches disrupting proceedings. Notably, the report emphasizes the need for training and capacity building for judicial officers, lawyers, and court staff to ensure effective use of virtual platforms and uphold procedural fairness.
Seeking a Balanced Approach:
The path forward necessitates a nuotanced approach. While acknowledging the potential benefits of virtual courts, it’s crucial to address the existing challenges and ensure equitable access to justice for all. This requires:
Bridging the digital divide: Expanding internet access through government initiatives and public-private partnerships is essential. Affordable technology solutions and training can empower disadvantaged communities to participate meaningfully.
Enhancing cybersecurity: Robust data protection measures, secure platforms, ANS ongoing vigilance against cyber threats are paramount.
Promoting digital literacy: Training for lawyers, judges, and court staff on utilizing virtual platforms effectively and ensuring fair and efficient proceedings is crucial.
Developing clear guidelines and regulations:Establishing clear procedural rules and ethical guidelines for virtual court proceedings will safeguarding participants’ rights and maintain the integrity of the justice system.
Ensuring inclusivity: Recognizing the limitations of technology and offering alternative participation methods for those lacking access or facing difficulties with virtual platforms is essential.
